Introduction
India's commitment to inclusive development is anchored in its Constitution, which shifts the discourse for marginalized and vulnerable sections from mere charity or welfare to rights-based empowerment. Both differently-abled individuals and women are provided layered safeguards across constitutional provisions, statutory frameworks, and judicial precedents to secure substantive equality.
Safeguards for Differently-Abled Persons (Divyangjan)
- Constitutional Provisions: While disability is not explicitly enumerated under Article 15, protections stem from Article 14 (Equality before Law), Article 21 (Right to Life and Dignity), and Directive Principle Article 41, which directs the State to secure the right to work, education, and public assistance in cases of disablement.
- Legal Protections: The Rights of Persons with Disabilities (RPwD) Act, 2016 widened the scope of recognized disabilities from 7 to 21, mandated 4% reservation in public employment, and provided 5% reservation in higher education institutions.
- Judicial Mandate: In Vikash Kumar v. UPSC (2021), the Supreme Court ruled that providing 'reasonable accommodation' to persons with disabilities is a constitutional mandate rooted in dignity and equality, rather than an act of state benevolence.
Protection of Rights for Women
- Constitutional Protections:
- Fundamental Rights: Article 15(3) empowers the State to enact special affirmative provisions for women.
- Directive Principles: Article 39(d) directs equal pay for equal work, while Article 42 mandates humane conditions of work and maternity relief.
- Fundamental Duties: Article 51A(e) casts a duty on every citizen to renounce practices derogatory to the dignity of women.
- Political Representation: Article 243D provides 1/3rd reservation in local self-governments, bolstered by the 106th Constitutional Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam), which provides 33% reservation in the Lok Sabha and State Legislative Assemblies.
- Legal and Judicial Interventions: Key statutory measures include the Protection of Women from Domestic Violence Act, 2005, the POSH Act, 2013, and the Maternity Benefit (Amendment) Act, 2017. Furthermore, the Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020) cemented equal coparcenary rights for daughters from birth under Hindu personal law.
Conclusion
While robust constitutional and statutory frameworks exist, bridging the gap between legislation and ground-level implementation through initiatives like the Sugamya Bharat Abhiyan and systematic gender-responsive budgeting is imperative to achieve true substantive equality.